Justice Salvatore J. Modica

 

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Movants/mortgagors in two cases that raise a common issue sought the appointment of a substitute referee for various grounds. In both of the cases, the court’s independent research showed that the now-retired judge who appointed both of the referees selected an attorney as the referee who did not qualify as not being on the “Part 36″ List of eligible fiduciaries. The court noted that Part 36 of the Rules of the Chief Judge 922 NYCRR governs certain judicial appointments made by justices and judges of the Unified Court System of New York State. The instant court drafted a Memorandum Decision, noting that it is hard to find any reported decisions discussing New York’s institution of a “Part 36″ List of eligible fiduciaries in several denominated categories. The court, in both of the instant actions, having determined and concluded that the now-retired justice did not comply with the proper procedure for selecting both referees since they are not on the Part 36 Lists, and were not on the List at the time of their appointment, determined that their appointments were void ab initio. The court, therefore, granted the motions to appoint a substitute referee in both of the instant actions.

Justice Salvatore J. Modica

 

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Movants/mortgagors in two cases that raise a common issue sought the appointment of a substitute referee for various grounds. In both of the cases, the court’s independent research showed that the now-retired judge who appointed both of the referees selected an attorney as the referee who did not qualify as not being on the “Part 36″ List of eligible fiduciaries. The court noted that Part 36 of the Rules of the Chief Judge 922 NYCRR governs certain judicial appointments made by justices and judges of the Unified Court System of New York State. The instant court drafted a Memorandum Decision, noting that it is hard to find any reported decisions discussing New York ‘s institution of a “Part 36″ List of eligible fiduciaries in several denominated categories. The court, in both of the instant actions, having determined and concluded that the now-retired justice did not comply with the proper procedure for selecting both referees since they are not on the Part 36 Lists, and were not on the List at the time of their appointment, determined that their appointments were void ab initio. The court, therefore, granted the motions to appoint a substitute referee in both of the instant actions.